Formal Agenda

ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 27, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT ESCHLIMANAnyone wishing to address an item on the Consent Agenda may do so at this timePUBLIC HEARING- CONSENT AGENDA -REPORTS OF CITY OFFICERS
1) Affidavit of Mailing for Board of Equalization
Meeting for Downtown Business Improvement
District, Core Business Improvement District
Overlay & Downtown Maintenance District to be
held on Monday, November 10, 2008 at 5:30 p.m.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 13, 2008.
(PLACED ON FILE)PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:Change of Zone No. 3134D - App. of CaseyCo Inc.
for an amendment to the Willow Springs Planned
Unit Development to expand the boundary by
approximately .41 acre and to allow
approximately 3,500 square feet of additional
office floor area on property generally located
at Pioneers Boulevard and Lucile Drive.
Special Permit No. 08045 - App. of
Evangelical Lutheran Church for an early
childhood care facility on property generally
located at Touzalin Avenue and Fremont Street.
The Planning Commission action is final action
unless appealed to the City Council.
Special Permit No. 08046 - App. of MCS
Custom Homes for expansion of a nonstandard
single family dwelling into the required side
yard on property located at 1601 Cheyenne
Street. The Planning Commission action is final
action unless appealed to the City Council.
4) MISCELLANEOUS REFERRALS - NONE- END CONSENT AGENDA -PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 15 HAD 2ND READING, SEE ITEMS 6 THRU 11)
5) 08-147 Amending Chapter 27.35 of the Lincoln Municipal
Code by adding a new Figure 27.35.070(a) to
reflect maximum heights within the B-4 district
at the end of Chapter 27.35 as provided for in
Section 27.35.070.
Fact Sheet (19K)
Attachment (128K)
6) 08-148 Request for Bond Ordinance authorizing the
issuance of not to exceed $932,000.00 City of
Lincoln, Nebraska Block 85 Redevelopment Project
tax allocation bonds. (Related Items: 08-148,
08R-268, 08R-269) (CON'T P.H. LIMITED TO APPLICANTS'
TESTIMONY W/ACTION TO 11/3/08, 4-2; CAMP, COOK, EMERY,
MARVIN ASSENTING; SPATZ, SVOBODA DISSENTING)
7) 08R-268 Approving the Block 85 Redevelopment Agreement
between Haymarket South, LLC, WRK, LLC,
Airspace, LLC, and the City relating to the
redevelopment of property generally located on
Block 85 from 8th to 9th Streets, and M Street
to Rosa Parks Way. (Related Items: 08-148,
08R-268, 08R-269) (Action Date: 11/3/08)
(CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION
TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING;
SPATZ, SVOBODA DISSENTING)Fact Sheet (28K)
Attachment (2928K)
Motion To Amend 1 (3672K)
8) 08R-269 Amending the FY 08/09 CIP to authorize and
appropriate $932,000 in TIF funds for the Block
85 Redevelopment Project generally located on
Block 85 from 8th to 9th Streets and M Street to
Rosa Parks Way. (Related Items: 08-148,
08R-268, 08R-269) (Action Date: 11/3/08)
(CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION
TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING;
SPATZ, SVOBODA DISSENTING)Fact Sheet (26K)
9) 08-149 Request for Bond Ordinance authorizing the
issuance of not to exceed $2,800,000.00 City of
Lincoln, Nebraska North Haymarket Arts and
Humanities Phase II Redevelopment Project tax
allocation bonds. (Related Items: 08-149,
08R-270, 08R-271) (CON'T P.H. LIMITED TO APPLICANTS'
TESTIMONY W/ACTION TO 11/3/08, 4-2; CAMP, COOK, EMERY,
MARVIN ASSENTING; SPATZ, SVOBODA DISSENTING)
10) 08R-270 Approving the North Haymarket Arts and
Humanities Phase II Redevelopment Agreement
between Block 21, LLC and the City relating to
the redevelopment of property generally located
at 8th and R Streets. (Related Items: 08-149,
08R-270, 08R-271) (Action Date: 11/3/08)
(CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION
TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING;
SPATZ, SVOBODA DISSENTING)Fact Sheet (28K)
Attachment (2871K)
Motion To Amend 1 (2979K)
11) 08R-271 Amending the FY 08/09 CIP to authorize and
appropriate $2.8 million in TIF funds for the
North Haymarket Arts and Humanities Phase II
Redevelopment Project generally located at 8th
and R Streets. (Related Items: 08-149,
08R-270, 08R-271) (Action Date: 11/3/08)
(CON'T P.H. LIMITED TO APPLICANTS' TESTIMONY W/ACTION
TO 11/3/08, 4-2; CAMP, COOK, EMERY, MARVIN ASSENTING;
SPATZ, SVOBODA DISSENTING)Fact Sheet (26K)
12) 08-150 Change of Zone 08017 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.05.020 to delete references
to the dates of the Lincoln Airport Zoning Map
and the Airport Environs Noise District Map; by
amending Sections 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040,
27.23.040, and 27.24.040, to delete expansion of
nonstandard single and two-family dwellings into
required yards as a permitted special use in the
R-1 through R-8 zoning districts; by amending
Section 27.27.020 to delete the restriction that
technology transfer industries or applications
must be in an area designated in the
Comprehensive Plan as a technology park; by
amending Section 27.51.030 to delete a reference
to Employment Center; by amending Section
27.61.090 to delete a reference to repealed
Section 27.63.540; by amending Section 27.63.260
to delete a reference to County Land Use Map
(Figure 17); by amending Sections 27.63.380,
27.70.050, and 27.80.105 relating to special
permits for flood plain construction,
requirements after approval of final plot plans,
and flood plain development permits,
respectively, to delete references to repealed
Chapter 27.55 (Flood Plain District) and to add
correct references to the Lincoln Municipal
Code; by repealing Section 27.63.540 relating to
special permits for expansion of nonstandard
single and two-family dwellings into required
yards; by amending Section 27.83.020 to change
a reference from the City of Lincoln's 2025
Comprehensive Plan to the Lincoln-Lancaster
County 2030 Comprehensive Plan; and repealing
Sections 27.05.020, 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040,
27.23.040, 27.24.040, 27.27.020, 27.51.030,
27.61.090, 27.63.260, 27.63.380, 27.70.050,
27.80.105, and 27.83.020 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (17K)
13) 08-151 Misc. 08011 - Amending Title 26 of the Lincoln
Municipal Code relating to the Land Subdivision
Ordinance by amending Section 26.11.037 to
delete the provisions regarding expiration of an
application for a preliminary plat which has
been placed on pending; by amending Section
26.11.060 to delete provisions regarding the
expiration of final plats; by amending Section
26.19.010 to delete the requirement that
signatures be in black opaque ink; by amending
Section 26.31.010 to delete the provision
regarding the expiration of existing requests
for modification of the requirements of Title
26; by creating a new Chapter 26.35 entitled
General Provisions by adding a new section
numbered 26.35.010 to provide provisions for
amending Title 26 and adding a new section
numbered 26.35.020 to provide provisions for
expiration of applications; and repealing
Sections 26.11.037, 26.11.060, 26.19.010, and
26.31.010 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (17K)
14) 08-152 Change of Zone 08049 - Request of RJL
Development North, Ltd. for a change of zone
from O-3 Office Park District to B-2 Planned
Neighborhood Business District on approximately
7.75 acres of property generally located at
South 40th Street and Old Cheney Road.
(08-152, 08R-273)Fact Sheet (249K)
15) 08R-273 Use Permit 58G - Application of RJL Development
North, Ltd. to amend the Williamsburg Village
use permit to show a change of zone from O-3 to
B-2 to accommodate the expansion of the existing
HyVee store and to update the land use table and
site layout, including a request to reduce
setbacks within the designated buildable area to
zero, on property generally located at South
40th Street and Old Cheney Road. (08-152,
08R-273) (Action Date: 11/3/08)Fact Sheet (490K)
PUBLIC HEARING - RESOLUTIONS
16) 08R-242 Authorizing acceptance of the low bid which is
in excess of 25% over the estimate for Paving
Unit 141 on Q Street from 35th to 36th Street.
(ACTION DELAYED TO 11/3/08 DUE TO A TIE VOTE, 3-3;
CAMP, MARVIN, SVOBODA ASSENTING; COOK, EMERY,
SPATZ DISSENTING)Fact Sheet (69K)
Attachment (1306K)
17) 08R-243 Authorizing acceptance of the low bid which is
in excess of 25% over the estimate for Sanitary
Sewer District 1183 in L Street at South 37th
Street from existing manhole east approximately
170 feet. (ADOPTED, 6-0; A-85097)Fact Sheet (75K)
Attachment (848K)
18) 08R-266 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2008. (ADOPTED, 6-0; A-85098)Fact Sheet (14K)
Attachment (20K)
19) 08R-267 Approving an Extension Agreement between the
City of Lincoln and Lincoln Public Schools to
extend an Interlocal Agreement whereby property
annexed by the City which is currently subject
to pay for bonded indebtedness of its current
school district will be exempt from levy for
bonded indebtedness of Lincoln Public Schools
which exists at the time of annexation.
(ADOPTED, 6-0; A-85099)Fact Sheet (18K)
Attachment (39K)
20) 08R-272 Special Permit 08039 - Application of Lincoln
Federal Bancorp, Inc. for authority to develop
Stone Bridge View Community Unit Plan for 35
single-family lots and 31 lots that may be a
combination of single-family detached, two-
family or townhouses, together with a request to
waive the requirements of the Land Subdivision
Ordinance to reduce the average lot width for
single family detached dwellings, minimum lot
area requirement and depth-to-width ratio, on
property generally located southeast of North
14th Street and Humphrey Drive.
(MTA #1 ADOPTED, 6-0; MTA #2 ADOPTED, 6-0;
ADOPTED AS AMENDED, 4-2; CAMP, EMERY, MARVIN,
SVOBODA ASSENTING; COOK, SPATZ DISSENTING;
A-85100)Fact Sheet (1238K)
21) 08R-274 Use Permit 154D - Application of Buffalo Grass,
LLC to amend the Wilderness Hills use permit to
allow two additional on-premise signs beyond the
requirements of the B-2 zoning district, to be
placed in the roundabout on S. 30th Street,
generally located southeast of the intersection
of S. 27th Street and Yankee Hill Road.
(ADOPTED, 6-0; A-85101)Fact Sheet (454K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 22
HAD 1ST READING)
22) 08-153 Amending Ordinance No. 19110, passed by the City
Council on July 28, 2008, to include Lots 14-19,
Block 3, McMurtry's Addition, in the change of
zone from R-6 Residential District to O-1 Office
District, on property generally located at the
southeast corner of South 18th Street and K
Street.
Fact Sheet (18K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 08-143 Amending Ordinance No. 19143, passed by the City
Council on September 22, 2008, to correct the
legal description for the surplus property
generally located at South 46th Street and O
Street (Comp. Plan Conformance 07023).
(PASSED, 6-0; #19165)Fact Sheet (18K)
24) 08-144 Amending Title 10 of the Lincoln Municipal Code
by creating a new Chapter 10.55, Electric
Personal Assistive Mobility Devices, to define
the same, to regulate the use thereof, and to
provide penalties for violations.
(MTA #1 ADOPTED, 6-0; PASSED AS AMENDED, 6-0;
#19166)Fact Sheet (91K)
Motion To Amend 1 (7K)
25) 08R-260 Approving the Pine Woods Conditional Annexation
and Zoning Agreement between the City and Realty
Trust Group relating to the annexation of
approximately 4.87 acres of property generally
located on the west side of South 70th Street
and south of Pine Lake Road. (Related Items:
08-R-260, 08-145, 08-146) (Action Date:
10/27/08) (ADOPTED, 6-0; A-85102)Attachment (26K)
26) 08-145 Annexation No. 08006 - Application of Realty
Trust Group to amend the Lincoln Corporate
Limits Map by annexing approximately 4.87 acres
of property generally located at South 70th
Street and Pine Lake Road. (Related Items:
08-R-260, 08-145, 08-146) (PASSED, 6-0; #19167)Fact Sheet (211K)
Attachment (342K)
27) 08-146 Change of Zone 08041 - Application of Realty
Trust Group for a change of zone from AGR
Agricultural Residential District to R-3
Residential District PUD and for approval of a
development plan for modifications to the Zoning
and Land Subdivision Ordinances to develop
approximately 11 dwelling units and
approximately 53,000 square feet of office,
retail and/or commercial floor area on property
generally located at South 70th Street and Pine
Lake Road. (Related Items: 08-R-260, 08-145,
08-146) (PASSED, 6-0; #19168)Fact Sheet (581K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
28) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)Fact Sheet (1465K)
29) 07-73 Amending Title 20 of the Lincoln Municipal
Code, the Building Code, by adding a new
Chapter 20.02, entitled Neglected Building
Registration, to require registration of
neglected, deteriorated and/or abandoned
buildings, to require the filing of plans
for restoration or demolition of abandoned
buildings, and to establish penalties for
violations thereof. (5/7/07 - Placed on
Pending, No Date Certain)Fact Sheet (13K)
30) 07-58 Change of Zone 07010 - Application of Steve
M. Champoux for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at 134th and A Streets. (Request of
applicant to continue P.H. to 5/7/07)
(4/16/07 - 2nd Reading & P.H. Con't. to
5/7/07 w/ Action 5/14/07) (Request to Delay
Action w/con't. P.H. to 7/23/07) (5/14/07 -
Action Delayed w/con't. P.H. to 7/23/07)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending,
No Date Certain)Fact Sheet (1439K)
31) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)Fact Sheet (232K)
32) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)Fact Sheet (291K)
33) 08R-193 Approving the Development and Conditional Zoning
Agreement between the City and Boyce
Construction, Inc. for the development of the
property located at North 14th Street and
Superior Street subject to restrictions on
maximum density, drive access to North 14th
Street, and a drive access to the north boundary
of the property to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-193, 08-111) (Action Date: 9/8/08)
(8/25/08 - Placed on Pending Indefinitely)Attachment (224K)
34) 08-111 Change of Zone 08036 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-5 Residential District
on approximately 29,227 sq. ft. generally
located at N. 14th Street and Superior Street.
(Related Items: 08R-193, 08-111) (8/25/08 -
Placed on Pending Indefinitely)Fact Sheet (1795K)
35) 08-131 Change of Zone 08045 - Amending Sections
27.19.030, 27.21.030, 27.23.030, 27.24.030,
27.27.025 and 27.67.040 of the Lincoln Municipal
Code to clarify that group homes must comply
with all applicable state and local code
requirements and to add domiciliary care
facility and elderly or retirement housing as a
conditional permitted use in the R-5, R-6, R-7,
R-8, and O-3 zoning districts, and repealing
Sections 27.19.030, 27.21.030, 27.23.030,
27.24.030, 27.27.025 and 27.67.040 as hitherto
existing. (9/29/08 - Placed on Pending
Indefinitely)Fact Sheet (62K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 3, 2008, AT 1:30 P.M.:
(APPROVED, 6-0)
36) 08R-275 Approving a two-year Grant Contract between the
City of Lincoln and El Centro de las Americas to
provide grant funds in the amount of $10,000.00
per year for its Victims of Domestic Violence
Outreach Program.
Attachment (323K)
37) 08R-276 Ratifying the Interlocal agreement between the
County of Lancaster, Nebraska, and the Lincoln
Lancaster County Health Department whereby the
Health Department will provide services 24 hours
per day, 7 days a week, in the event such
services are needed at the Youth Service Center
for the period of July 1, 2008 to June 30, 2009.
Fact Sheet (67K)
Attachment (349K)
38) 08R-277 Ratifying and approving the Correctional
Facilities Interlocal Agreement between the
City, Lancaster County, and the Lancaster County
Correctional Facility Joint Public Agency
relating to the transport, supervision, and
housing of City offenders.
Fact Sheet (19K)
Attachment (341K)
Please note: During the Open Microphone & Registered
Section of the agenda, individuals are allowed a total of 5
minutes to speak whether registered or not regardless of
number of topics. The Open Microphone and Registered Section
is available on the 2nd & Last Monday of each month.ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK IN WRITING BY
10:00 A.M. ON THE WEDNESDAY (10/22/08) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 10/27/08.ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON
THIS AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
MAY DO SO AT THE OPEN MICROPHONE SESSION. OPEN MICROPHONESESSIONS DURING THE MONTH OF OCTOBER ARE THE 13TH AND THE 27TH.
ADJOURNMENT 9:53 P.M.
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The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
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